Raghunath Savalaram Bhoir (Since Decd.) Through Lrs. And ORS. v. Tulshiram Shantaram Bhoir And ORS.

512 caw1539-17 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1539 OF 2017 IN WRIT PETITION NO.7614 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms.Vrushali Penkar i/b Ms.Preeti Walimbe for the applicant Ms.M.S.Bane, 'B' Panel Counsel for the respondent no.1 Mr.Deepak Natu i/b M/s.N.Deepak and Co. for the respondent nos. 2 to 4 CORAM : K. K. TATED, J.

DATE : JULY 7, 2017 P.C.:

Not on board. At the request of Advocate for the applicant, matter is taken on board for urgent orders.

Heard the learned counsel for the parties.

This application is for bringing legal heirs on record of respondent no.1, Tulshiram Shantaram Bhoir who died on 11.4.2017.

The present Civil Application is filed on 5.7.2017 i.e. within time.

The learned Counsel for the respondent Mohite 1/2

512 caw1539-17 nos.2 to 4 submit that they have no objection if Civil Application is allowed.

Considering the submissions made by the learned counsel for the applicant and as advocate for respondent nos.2 to 4 have no objection, following order is passed:

a) Civil Application is allowed.

b) Applicant is permitted to bring legal heirs on record of deceased respondent no.1 in Writ Petition No.7614 of 2017 within 3 weeks from today, failing which Civil Application shall stand dismissed without referring back to the court.

c) The learned Counsel for the respondent nos.2 to 4 submit that they received instruction to appear for legal heirs of deceased respondent no.1 also. He waives service. Same is accepted.

d) The learned Counsel for the applicant is directed to serve amended copy of Writ Petition No.7614 of 2017 on respondent's advocate immediately within four weeks from today.

e) Civil Application is disposed of accordingly. (K.K.TATED, J.) Mohite 2/2